The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-03-10
Tux ME- CHANCES Lien Law
TEXT OF THE BILL PASSED BY
THE PRESENT LEGISLATURE.
A Measure Which Reflects Great
Credit on the Shelby Dele.
cation.

Following is the text Of the "Act to
provide q more just ard equitable
mecnanics' lien law, and 10 aft ord
mechanics, contrac ors, s~ub-contrac-
tors aud material men greater security
for woik done and material fur
nished," which has passed three read
ings Ia both houses OF the present
legislature, and now needs only the
signature of the Governor. 1t r fleets
great credit on Hon. r. A. Odlum,
who Introduced it, and also on the
entire Snelby delegation, who lent
their earnest support to the measure
SECTION 1. Be Il enacted By the Cen
eral Asemb!y of Tennessee. That Section
2746 OF the R.vised Code shall read as
follows, VIZ: Every journeyman or
other person employed by such me.
chanic, founder, or machinist to work
on the buildings, fixtures, machinery
or improvement, or to furnish mate
rial for the same, shall have this lien
for his work or material; provided,
that within thirty days af or the build.
ing ia completsd, or the contract of
such laborer, mechanic or workman
shall expire, or hs be discharged, he
or they shall notify in writing the
owner of the property on which the
building or Improvement ia being
made, or his agen. or attorney, il he
reside out OF tn county, that eaid len
ia claimed; aud said lien shall contin-
us for the SPACE Of ninety days from
the data OF said notice, in favor OF
such sub-contractor, mechanic or
laborer, and the same shall have pre-
cedenCe over all other liens for
such time. Provided, a st4te.
meat OF the amount due for
such work, labor, or materials ,shal lbe
fled with the County Register, who
shall note the same f)r registrati On,
and put it on record in the trust book
Ia his off SO, f)r which he ~ Ill have
30 cents, and also % cents tor regis er
log the affidavit to the same, which
shall be paid BY the party fling the
same, but said fee shall be receipted
for on the statement Of account, and
shall be charged as part of the cost,
and this reg istration shall be notice to
all persons Of the existence Of such
lien.
SEC. 2. Be IL further enacted, That II
the work, or improvement, or ma
terials be furnished for work done on
the lands OF any married woman, who
has not signed the contract or gree
ment in writing, al provided in section
pal OF the Revised Code, and in igno'
Iancs on the part of sad mechanic,
laborer, or furnisher of her right OF
claim, and II said married woman
shall refuse to recognize or agree to
said lien, said mechanic, laborer, oil
furnisher shall have the right, after
giving ten days notice, t take and re
move such properly, or the parts o.
tue same on which his labor was per
formed, or materials, machine y, o
other property was used; and provld'
ed further, the right Of removal shal
apply to all other cases of parties
under disability, whether as minors
persons OF uasound mind, OF cestu
que trusts; or in other cases OF supe
rlor titles or liens, when tn
work was done by the laboreI
or mechanic, in ignorance OF tn,
rights of such parties, and sale
right Of removal shall be extended t
any repairs or improvements ordere'
by the tenant or occupier, when tn
owner Of the leased or rented PREMISE
declines to pay therefor, the same :
be removed without injury to III
properly originally leased or rented
Provided, that the courts OF law O
equity 10 this State shall have juriE
dlction to hear aud determine, aud t.
enforce such liens on the property o
persons in the cases aforesaid, car
being had TO protect the rights of sue
parties, as well as the mechanics, Ia
borers and furni hers Aforesaid.
SIC g.. Be il further enacted, T0at th
owner OF the property on which tn
improvement ia mad shall hsye tn
right to demand from the Original cor
tractor an idsmnity or refundipg bon,
to protect him in cases OF the emf Jrct
ment OF this lien by such s~ub.coatract
ora, mechanics or furnishers, and l
the event such contractor ia paid fo
the work done, or any part of IT COY
cred by he foregoing sections, and o
payment 10 such sub'contractor, MT
chanic, or furnisher, of the amour
due, he shall have Judgment for sue
amount By motion on such bond, il
any couit having jurisdiction in sue
cases; provided, that the contractc
shall have the right to contest tn
legality Of the claim Of such mschsni
or furnisher employed by him, befoi
he Is made lab 9.
SEC. 4. Be Il further enacted, Thu
all laws in conf Vt with this act ar
hereby repealed.
SEC. 8. Be Il further enacted, Thi
! this act take fleet from and after i
passage, the public welfare requ!rir